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CORPORATE KILLING. THE IMPACT ON THE LIABILITY MARKET by Debbie Chantler. A charge of CORPORATE MANSLAUGHTER against the company A charge of MANSLAUGHTER against an individual. FOR COMPANIES. Corporate Killing. FOR INDIVIDUALS. Reckless Killing Killing by Gross Carelessness.
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CORPORATE KILLING THE IMPACT ON THE LIABILITY MARKET by Debbie Chantler
A charge of CORPORATE MANSLAUGHTER against the company • A charge of MANSLAUGHTER against an individual
FOR COMPANIES • Corporate Killing
FOR INDIVIDUALS • Reckless Killing • Killing by Gross Carelessness
FIRST MEETING WITH INSURED • Dealt with at Senior Level - Chairman/Chief Executive • Are the Solicitors competent? • Is there conflict between Insurers and Insured?
CONFLICT WITHIN THE COMPANY • Is there conflict between Insured Company and individual Directors/Employees? • Is separate representation required? • Who pays?
EVIDENCE COLLECTION • S20 interview • PACE interview • Retention of Experts
CRIMINAL PROCESS • Summons issued • Magistrates/Crown Court • Plea in mitigation • Fully contested Trial
REDRESSING THE BALANCE • Create a selling feature • Risk Management • Dedicated teams